Matter of Ceawanya W. (Preston B.)

Matter of Matter of Ceawanya W. (Preston B.) 2012 NY Slip Op 07376 Decided on November 8, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 8, 2012
Andrias, J.P., Saxe, Moskowitz, Abdus-Salaam, Manzanet-Daniels, JJ.
8412

[*1]In re Ceawanya W., and Others, Children Under Eighteen Years of Age, etc.,

v

Preston B., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.




Elisa Barnes, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Drake A.
Colley of counsel), for respondent.
Law Offices of Randall S. Carmel P.C., Syosset (Randall S.
Carmel of counsel), attorney for the child Ceawanya W.
Andrew J. Baer, New York, attorney for the child Dontaya W.
Steven N. Feinman, White Plains, attorney for the child Kenneth
S.

Order of disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about April 13, 2011, which, insofar as appealed from as limited by the briefs, determined, after a fact-finding hearing, that respondent-appellant had neglected and sexually abused the subject children and had repeatedly sexually abused the subject child Ceawanya W., unanimously reversed, on the law and the facts, without costs, the findings of abuse and neglect vacated, and the petition dismissed as against respondent.

The court erred in finding that respondent was legally responsible for the care of the children (see Family Ct Act § 1012 [a]). The record shows that the children were at all times in the care of their adoptive parents, including when the abuse and neglect took place. Further, [*2]there was no evidence that respondent, the grandson of the adoptive parents, acted as the functional equivalent of the children's parent at the relevant time (see Matter of Shaun B., 55 AD3d 301, 301 [1st Dept 2008], lv denied 11 NY3d 715 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 8, 2012, a.m.

CLERK